Category: Jurisdictions
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FRAND is in flux in Munich: lower court has concerns about appeals court’s preliminary position, yet made adjustments
Presiding Judge Dr. Oliver Schoen of the Munich I Regional Court’s Seventh Civil Chamber discussed his panel’s take on FRAND in light of a pending appeal.
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Chinese solar panel manufacturer JinkoSolar files first U.S. patent infringement complaint
The lawsuit comes against the backdrop of an increasingly litigious solar panel patent market.
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First antisuit injunction attack on UPC: Netgear asks U.S. district court for ASI against or interim license from Huawei; fears AASI
In the United States District Court for the Central District of California, Netgear has filed a motoion for an antisuit injunction or, as a fallback, interim license against Huawei.
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Ruling on Tesla’s appeal of dismissal of UK FRAND case against Avanci unlikely before January
Tesla wants a UK FRAND determination concerning the Avanci 5G patent pool, whose rates have been accepted by the industry at large.
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Right-sizing judicial FRAND determinations: one patent at a time? one country? worldwide? or even pools?
Courts can set FRAND rates, and they can form on opinion on whether a given party’s conduct was FRAND, but there are (and must be) important limitations. Litigation isn’t negotiation.
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UK court denies Lenovo interim license in Ericsson dispute, partly dissuaded by ITC staff’s FRAND opinion, but doesn’t draw clear line
Lenovo essentially argued that the England & Wales Court of Appeal had opened the interim-license floodgates with its Xiaomi-Panasonic decision, but Mr Justice Richards disagreed.
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Is it a good idea for courts to determine patent pool rates even if a pool has already achieved market acceptance?
Before courts set patent pool rates, it bears reflecting on what that means if a pool’s terms already has been accepted by large parts of the market.
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Munich appeals court rejects German approach to standard-essential patents, tends to pave way for next ECJ ruling on FRAND
The Munich appeals court rejects a FRAND framework under which practically every implementer of a standard gets enjoined, often over petty behavioral details.
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Patent enforcement against LEDs used in automotive lighting launched in UPC and Munich court: Nichia v. Endrich (Dominant Opto partner)
Nichia, a Japanese company with a significant record in the enforcement of LED patents against rivals, has launched a new campaign in the Unified Patent Court and the Munich I Regional Court.
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BREAKING: New standard-essential patent dispute between ZTE and Lenovo discovered in UK
Between Lenovo and ZTE, the former would be the net licensee, so this may be not only an infringement lawsuit, but also a FRAND claim.